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Thursday, February 15, 2024

Columbus Day

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Columbus_Day

Columbus Day
First Landing of Columbus on the Shores of the New World; painting by Dióscoro Puebla (1862)
Observed byVarious countries in the Americas, Italy, Spain, various Little Italys around the world.
TypeHistorical
Significance
DateOctober 12 (actual/traditional); second Monday in October (observed in the United States);
2023 dateOctober 9 (United States)
2024 dateOctober 14 (United States)
2025 dateOctober 13 (United States)
2026 dateOctober 12 (United States)
FrequencyAnnual

Columbus Day is a national holiday in many countries of the Americas and elsewhere, and a federal holiday in the United States, which officially celebrates the anniversary of Christopher Columbus's arrival in the Americas. Columbus went ashore at Guanahaní, an island in the Bahamas, on October 12, 1492. On his return in 1493, Columbus moved his coastal base of operations 70 miles east to the island of Hispaniola, what is now the Dominican Republic and established the settlement of La Isabela, the first permanent Spanish settlement in the Americas.

Christopher Columbus (Italian: Cristoforo Colombo [kriˈstɔːforo koˈlombo]) was an Italian explorer (from Genoa) who led a Spanish maritime expedition to cross the Atlantic Ocean in search of an alternative route to the Far East, only to land in the New World. Columbus's first voyage to the New World on the Spanish ships the Niña, the Pinta, and the Santa María, and took about three months. Columbus and his crew's arrival in the New World initiated the colonisation of the Americas by Spain, followed in the ensuing centuries by other European powers, as well as the transfer of plants, animals, culture, human populations, and technology between the New and Old Worlds, an event referred to by some late 20th‐century historians as the Columbian exchange.

The landing is celebrated as Columbus Day in the United States, but the name varies internationally. The United States celebrates this day as "The Discovery of America". In some Latin American countries, October 12 is known as Día de la Raza or "Day of the Race". This was the case for Mexico, until it renamed it to “Day of the Pluricultural Nation” (still called Dia de la Raza locally). Some countries such as Spain refer to the holiday as the Day of Hispanicity or Día de la Hispanidad and is also Spain's National Day or Fiesta Nacional de España, where it coincides with the religious festivity of La Virgen del Pilar. Since 2009, Peru has celebrated Día de los pueblos originarios y el diálogo intercultural ("Indigenous Peoples and Intercultural Dialogue Day"). Belize and Uruguay celebrate it as Pan American Day and Día de las Américas ("Day of the Americas"). Columbus Day is also celebrated in Italy, as Giornata Nazionale di Cristoforo Colombo or Festa Nazionale di Cristoforo Colombo, and in the Little Italys around the world.

United States observance

History

Stylized graphic from the United States Department of Defense

The first Columbus Day celebration took place on October 12, 1792, when the Columbian Order of New York, better known as Tammany Hall, held an event to commemorate the 300th anniversary of the historic landing.

Many Italian Americans observe Columbus Day as a celebration of their heritage and not of Columbus himself, and the day was celebrated in New York City on October 12, 1866. The day was first enshrined as a legal holiday in the United States through the lobbying of Angelo Noce, a first-generation American, in Denver. The first statewide holiday was proclaimed by Colorado governor Jesse F. McDonald in 1905, and it was made a statutory holiday in 1907.

For the 400th anniversary of Christopher Columbus's voyage in 1892, following a lynching in New Orleans, where a mob had murdered 11 Italian immigrants, President Benjamin Harrison declared Columbus Day as a one-time national celebration. The proclamation was part of a wider effort after the lynching incident to placate Italian Americans and ease diplomatic tensions with Italy. During the anniversary in 1892, teachers, preachers, poets, and politicians used rituals to teach ideals of patriotism. These rituals took themes such as citizenship boundaries, the importance of loyalty to the nation, and the celebration of social progress, included among them was the Pledge of Allegiance by Francis Bellamy.

In 1934, as a result of lobbying by the Knights of Columbus and New York City Italian leader Generoso Pope, Congress passed a statute stating: "The President is requested to issue each year a proclamation (1) designating October 12 as Columbus Day; (2) calling on United States government officials to display the flag of the United States on all government buildings on Columbus Day; and (3) inviting the people of the United States to observe Columbus Day, in schools and churches, or other suitable places, with appropriate ceremonies that express the public sentiment befitting the anniversary of the discovery of America." President Franklin Delano Roosevelt responded by making such a proclamation. This proclamation did not lead to the modern federal holiday; it was similar to language regarding Thomas Jefferson's birthday and Gold Star Mothers Day. In 1941, Italian and Italian Americans were interned and lost rights as "enemy aliens" due to a belief they would be loyal to Italy and not America in World War II; in 1942, Franklin Roosevelt had the removal of the designation of Italian Americans as "enemy aliens" announced on Columbus Day along with a plan to offer citizenship to 200,000 elderly Italians living in the United States who had been unable to acquire citizenship due to a literacy requirement, but the implementation of the announcement was not completed until those interned in camps were released after Italy's surrender to the Allies on September 8, 1943.

In 1966, Mariano A. Lucca, from Buffalo, New York, founded the National Columbus Day Committee, which lobbied to make Columbus Day a federal holiday. These efforts were successful and legislation to create Columbus Day as a federal holiday was signed by President Lyndon Johnson on June 28, 1968, to be effective beginning in 1971.

Since 1971, when Columbus Day became an officially recognized Federal holiday in the United States, it has been observed on the second Monday in October, as commemorated by annual Presidential proclamation noting Columbus' achievements. It is generally observed by banks, the bond market, the U.S. Postal Service, other federal agencies, most state government offices, many businesses, and most school districts. Some businesses and some stock exchanges remain open, and some states and municipalities abstain from observing the holiday. The traditional date of the holiday also adjoins the anniversary of the United States Navy (founded October 13, 1775), and thus both occasions are customarily observed by the Navy and the Marine Corps with either a 72- or 96-hour liberty period.

On October 10, 1992, Pope John Paul II visited the Dominican Republic to celebrate the 500th anniversary of the discovery of the Americas and the arrival of Christianity in the "New World". His visit ended with a mass in the nation's cathedral, the first cathedral in the Western Hemisphere.

Local observance of Columbus Day

Columbus Day in Salem, Massachusetts, in 1892
Columbus Day Parade in New York City, 2009

Actual observance varies in different parts of the United States, ranging from large-scale parades and events to complete nonobservance. Most states do not celebrate Columbus Day as an official state holiday. Some mark it as a "Day of Observance" or "Recognition.” Most states that celebrate Columbus Day will close state services, while others operate as normal.

San Francisco claims the nation's oldest continuously existing celebration with the Italian-American community's annual Columbus Day Parade, which was established by Nicola Larco in 1868, while New York City boasts the largest, with over 35,000 marchers and one million viewers around 2010.

As in the mainland United States, Columbus Day is a legal holiday in the U.S. territory of Puerto Rico. In the United States Virgin Islands, the day is celebrated as both Columbus Day and "Puerto Rico Friendship Day."

Virginia also celebrates two legal holidays on the day, Columbus Day and Yorktown Victory Day, which honors the final victory at the Siege of Yorktown in the Revolutionary War.

Nonobservance

The celebration of Columbus Day in the United States began to decline at the end of the 20th century, although many Americans continue to celebrate it. The District of Columbia and the states of Hawaii, Alaska, Vermont, South Dakota, New Mexico, Maine, Minnesota and parts of California including, for example, Los Angeles County do not recognize it and have each replaced it with celebrations of Indigenous Peoples' Day (in Hawaii, "Discoverers' Day", in South Dakota, "Native American Day"). In the states of Oregon and Washington, Columbus Day is not an official holiday.

Iowa and Nevada do not celebrate Columbus Day as an official holiday, but the states' respective governors are "authorized and requested" by statute to proclaim the day each year. Several states have removed the day as a paid holiday for state government workers, while maintaining it either as a day of recognition, or as a legal holiday for other purposes, including California and Texas.

The practice of U.S. cities eschewing Columbus Day to celebrate Indigenous Peoples' Day began in 1992 with Berkeley, California. The list of cities that have followed suit as of 2018 includes Austin, Boise, Cincinnati, Denver, Los Angeles, Mankato, Philadelphia, Portland, San Francisco, Santa Fe, Seattle, Saint Paul, Phoenix, Tacoma, and "dozens of others".

Columbus, Ohio, has chosen to honor veterans instead of Christopher Columbus, and removed Columbus Day as a city holiday in 2018. Various tribal governments in Oklahoma designate the day as Native American Day, or name it after their own tribe.

In 2017, the city council of Akron, Ohio, became split along racial lines with the decision to replace Columbus Day with Indigenous Peoples' Day, creating pushback from the city's Italian-American community. In 2018, a compromise was reached, with the city council voting to name the first Monday of October as North American First People's Day while keeping Columbus Day, and in 2020, Columbus Day was renamed Italian-American Heritage and Culture Day.

Latin American observance

The former Christopher Columbus Monument along Paseo de la Reforma in Mexico

The date Columbus arrived in the Americas is celebrated in some countries of Latin America. The most common name for the celebration in Spanish (including some Latin American communities in the United States) is the Día de la Raza ("day of the race" or the "day of the [Hispanic] people"), commemorating the first encounters of Europeans and the Native Americans. The day was first celebrated in Argentina in 1917, in Venezuela and Colombia in 1921, in Chile in 1922, and in Mexico, it was first celebrated in 1928. The day was also celebrated under this title in Spain until 1957, when it was changed to the Día de la Hispanidad ("Hispanicity Day"), and in Venezuela, it was celebrated under this title until 2002, when it was changed to the Día de la Resistencia Indígena (Day of Indigenous Resistance). Originally conceived of as a celebration of Hispanic influence in the Americas, as evidenced by the complementary celebrations in Spain and Latin America, Día de la Raza has come to be seen by nationalist activists throughout Latin America as a counter to Columbus Day – a celebration of the native races and cultures and their resistance to the arrival of Europeans in the Americas.

In the United States, Día de la Raza has served as a time of mobilization for panethnic Latino activists, particularly since the 1960s. Since then, La Raza has served as a periodic rallying cry for Hispanic activists. The first Hispanic March on Washington occurred on Columbus Day in 1996. The name was used by the largest Hispanic social justice organization in the nation, UnidosUS, which was known as the National Council of La Raza from 1968 to 2017.

Argentina

Plaza de Mayo in Argentina "Día de la Raza", with an image of Christopher Columbus, 1929.
Argentine government poster from 1947 including the concept of la Raza.

The Day of the Race was established in Argentina in 1916 by a decree of President Hipólito Yrigoyen. The name was changed to "Day of Respect of Cultural Diversity" by a presidential decree in 2010 issued by President Cristina Kirchner. The statue of Columbus was removed from its original position near the Casa Rosada and replaced by one of Juana Azurduy, a patriot and leader in the struggle for independence who had indigenous ancestors.

Colombia

Colombia, whose name originated from Columbus himself, celebrates El día de la Raza y de la Hispanidad (meaning "Day of the Race and Hispanicity"), and is taken as an opportunity to celebrate the encounter of "the two worlds" and to reflect on the richness that the racial diversity has brought to the culture. In 2021 the Ministry of Culture changed the name of the holiday to ‘Día de la Diversidad Étnica y Cultural de la Nación Colombiana (meaning "Day of Ethnical and Cultural Diversity of the Colombian nation").

Peru

In Peru, it was known as Día del descubrimiento de América ("Day of the discovery of America"). Since 2009, it has been celebrated as Día de los pueblos originarios y el diálogo intercultural (Indigenous Peoples and Intercultural Dialogue Day).

Venezuela

Between 1921 and 2002, Venezuela celebrated Día de la Raza along with many other Latin American nations. The original holiday was officially established in 1921 under President Juan Vicente Gómez. In 2002, under President Hugo Chávez, the holiday was changed to Día de la Resistencia Indígena (Day of Indigenous Resistance) to commemorate the Indigenous peoples' resistance to European settlement.

On October 12, 2004, a crowd of progovernment activists toppled a statue of Christopher Columbus by Rafael de la Cova in Caracas. The activists also sprayed allusive graffiti over its pedestal. The walk where the statue had stood was renamed in 2008 "Indigenous Resistance Walk". Later, a statue of an indigenous leader, Guaicaipuro, was erected on the plinth.

Costa Rica

On September 21, 1994, Costa Rica changed the official holiday from Día de la Raza to Día del Encuentro de las Culturas (Day of the Encounter of Cultures) to recognize the mix of European, Native American (autochthonous populations), African and Asian cultures that constitute modern Costa Rican (and Latin American) culture and ethnicity. In accordance to the Costa Rican labor law, the holiday is observed on October 12. However, should this date coincide with a Tuesday, Wednesday, Thursday, or Friday, the employer shall agree that said holiday be postponed to the following Monday. In 2020, Costa Ricans eliminated this holiday, which was under debate in years prior. Hence, in exchange Costa Rica now celebrates the 'Military Abolition Day' on December 1.

El Salvador

In June 1915, the official holiday of 'Fiesta de la Raza' was established, with October 12 being the date of the national holiday. Presently, since October 12, 2021, the Legislative Assembly of El Salvador abolished the previous national Fiesta de la Raza holiday, " [to] vindicate the origin and identity of indigenous peoples who were forgotten by previous governments, who for decades celebrated Race Day as a positive event and who never adopted mechanisms to enhance human rights." The holiday is no longer celebrated officially.

Mexico

In Mexico, the date was known as Columbus Day or Day of the Race. On December 18, 2020, by decree of President Andrés Manuel López Obrador, the name of October 12 was changed to "Day of the Pluricultural Nation". The statue of Columbus along Mexico City's Paseo de la Reforma was removed and replaced with a replica of The Young Woman of Amajac, a sculpture depicting an Indigenous woman.

Caribbean observance

Only a handful of Caribbean countries observe holidays related to Columbus Day. In Belize, October 12 is celebrated as Day of the Americas or Pan American Day. In the Bahamas, it was formerly known as Discovery Day, until 2001 when it was replaced by National Heroes Day. In 1937, Cuban President Federico Laredo Brú (1936–1940) spoke to the nation and countries of America in Cuba on October 12 commemorating Christopher Columbus's voyage to the New World. Federico Laredo Brú spoke about Columbus's impact on the land and the future of its settlement. He ended his speech with venerating Christopher Columbus's efforts to colonize and establish settlements along the new front and the pride of one's nation. He added "Por mi raza hablo mi espiritu," which translates to "For my race my spirit called," to support the political infrastructure at the time.

Columbus's legacy in the Caribbean

The Columbus Lighthouse in Santo Domingo Este, Dominican Republic

In December 1937, Cuban president Federico Laredo Brú and Dominican Republic president Rafael Trujillo ordered a crew of aviators to travel through Latin America collecting funds from large capital cities for a monumental light house in the Dominican Republic. The exploration Escuadrilla Binacional Pro Faro de Colón was inspired by Columbus's journey across the North Atlantic Ocean to America. The expedition consisted of three Stinson Reliant SR-9s borrowed from the Cuban Air Force – named Santa María, Niña and La Pinta after the vessels commanded by Columbus – and a Curtiss Wright CW-19R from the Dominican military aviation named Colon after Columbus. On December 15, after visiting a majority of South America, their flight to the Peruvian capital Lima was hampered by an unexpected sandstorm. Two planes (Colon and La Pinta) were forced to land in Pisco and Niña disappeared in the storm. The Santa Maria was the only plane to reach Lima as planned, landing at Las Palmas on the day of the storm. After extensive searches, Niña radioed their whereabouts after their radio was damaged in the storm. The aircraft restrategized in Las Palmas, and on December 29 their expedition took off from El Techo airport in Bogotá en route to El Guabito airport in Cali. Later that day, the crew flew into an unexpected storm over the Valley of Cauca. With minimal visibility and poor navigation, Niña, La Pinta, and Santa Maria crashed into high mountains, while Colon, unaware of the other aircraft, flew over the storm and safely made it to Panama City. The plane is preserved today as remembrance of the bravery of the crew and Christopher Columbus's journey.

In 1992, in remembrance of the 500th anniversary of the discovery of America, the Columbus Lighthouse, in Santo Domingo Este was inaugurated. The monument is both a mausoleum and a museum showcasing objects including a boat from Cuba and Colombian jewelry. Constructed of concrete, the monument is 680 feet (210 m) long. Its architecture is cross-shaped and represents the Christianization of the Americas. According to the Dominican authorities, remains of Christopher Columbus are sheltered at the lighthouse. However, Spanish authorities have proved through DNA tests that the remains in the Cathedral of Seville are the real remains of Columbus. The Dominican authorities haven't allowed the same DNA tests to be done to the remains in the lighthouse, so it is impossible to know if the remains of Columbus are divided or if the remains in the lighthouse belonged to another person.

European observance

Italy

Monument to Christopher Columbus in Genoa, Italy

Since the 18th century, many Italian communities in the Americas have observed the Discovery of the New World as a celebration of their heritage, despite Italy not existing as a unified country when Columbus was born, and despite his public renunciation of his Genovese nationality to swear allegiance to the King of Spain.

In Italy, Columbus Day has been officially celebrated since 2004. It is officially named Giornata nazionale di Cristoforo Colombo ("National Christopher Columbus Day").

The "Lega Navale Italiana" has created a Regata di Colombo ("Columbus Regatta") as a celebration of the Columbus achievement. Italians have celebrated Christopher Columbus (Italian: Cristoforo Colombo [kriˈstɔːforo koˈlombo]) naming after him many civilian and military ships, like the ocean liner SS Cristoforo Colombo.

Spain

Statue of Christopher Columbus in Barcelona

The first celebration of the Discovery of the Américas by Columbus in Spain was as early as 1642 when the city of Zaragoza designated the Virgen del Pilar (Our Lady of the Pillar) as symbol of the Hispanidad (Hispanicity) on the date of the Spanish expedition's arrival to the New World. This holiday was declared a religious feast day throughout the Spanish Empire in 1730. In 1892, the 12 of October was declared a one-time national day in commemoration of the 4th centenary of the Discovery of America and the perpetuation of the festivity was then first considered. The Spanish government suggested other nations (Hispanic American countries, Italy and the United States of America) to join the celebration, which was followed with enthusiasm by them, with a few exceptions. The Discovery of America and the Hispanicity has been celebrated as a national day since 1918 under different names like "Día de la Hispanidad" or "Dia de la Raza", due to changes of political regimes in the 20th century. The national day emphasises Spain's ties with the Hispanidad, the international Hispanic community and Spanish legacy to the world. In 1981 a royal decree established the Fiesta Nacional y Día de la Hispanidad as a national holiday. However, in 1987 the name was changed again to Fiesta Nacional and October 12 became one of two national celebrations, along with Constitution Day on December 6 as part of a compromise between conservatives, who wanted to emphasize the status of the monarchy and Spain's history, and Republicans, who wanted to commemorate Spain's burgeoning democracy with an official holiday. Since 2000, October 12 has also been Spain's Day of the Armed Forces, celebrated each year with a military parade in Madrid. The holiday is widely celebrated in Spain with official and cultural events throughout the country. Shops and businesses are closed as with other bank holidays. The observation is enhanced with the feast day of Our Lady of the Pillar (Fiestas del Pilar), the so-called Mother of Hispanidad, and of Our Lady of Guadalupe in Extremadura (Santa María de Guadalupe) (appointed Queen of Hispanicity in 1928 by the Vatican) from Guadalupe, Caceres, whose Monastery was the venue in June 1492 for the decisive meeting between the Catholic Monarchs and Columbus to start organizing the travel and where the latter came back in 1493, right after returning from his first voyage, to thank Her for his success.

Opposition to Columbus celebrations

Engraving by Theodor de Bry, depicting the account by Bartolomé de las Casas of the Brevísima relación de la destrucción de las Indias, 1552.

For years after the first Columbus Day celebration in 1892, opposition to Columbus Day recognized the suffering inflicted on American Indians with westward expansion.

It also originated from anti-immigrant nativists who sought to eliminate its celebration because of its association with immigrants from the Catholic countries of Ireland and Italy, and the American Catholic fraternal organization, the Knights of Columbus. Some anti-Catholics, notably including the Ku Klux Klan and the Women of the Ku Klux Klan, opposed celebrations of Columbus or monuments about him because they thought that it increased Catholic influence in the United States, which was largely a Protestant country.

In the summer of 1990, 350 representatives from American Indian groups from all over the hemisphere met in Quito, Ecuador, at the first Intercontinental Gathering of Indigenous People in the Americas, to mobilize against the 500th anniversary (quin-centennial) celebration of Columbus Day planned for 1992. The following summer, in Davis, California, more than a hundred Native Americans gathered for a follow-up meeting to the Quito conference. They declared October 12, 1992, to be "International Day of Solidarity with Indigenous People."

More recently, mainly since the 1990s, more people oppose Columbus's and other Europeans' actions against the indigenous populations of the Americas. This opposition was initially led by Native Americans and was expanded upon by left-wing political parties. Various holidays commemorating Columbus have now been abolished, with various Latin American countries altering the holidays to now recognise indigenous populations.

Two surveys, conducted in 2013 and 2015 by Rasmussen Reports, found 26% to 38% of American adults are not in favor of celebrating Columbus Day. A similar survey by Catholic Marist Polls showed 26% opposition

Statueless plinth in Caracas in 2006. A statue of Christopher Columbus, which formerly occupied the plinth, was knocked down by activists in 2004.

There are many interrelated strands of criticism. One refers primarily to the treatment of the indigenous populations during the European colonization of the Americas, which followed Columbus's discovery. Some groups, such as the American Indian Movement, have argued that the ongoing actions and injustices against Native Americans are masked by Columbus myths and celebrations. American anthropologist Jack Weatherford says that on Columbus Day, Americans celebrate the greatest waves of genocide of the American Indians known in history.

A second strain of criticism of Columbus Day focuses on the character of Columbus himself. In time for the 2004 observation of the day, the final volume of a compendium of Columbus-era documents was published by the University of California, Los Angeles' Medieval and Renaissance Center. It stated that Columbus, while a brilliant mariner, exploited and enslaved the indigenous population.

Spelman College historian Howard Zinn described some of the details in his book, A People's History of the United States, of how Columbus personally ordered the enslavement and mutilation of the native Arawak people in a bid to repay his investors.

Journalist and media critic Norman Solomon reflects, in Columbus Day: A Clash of Myth and History, that many people choose to hold on to the myths instead of reality in the events surrounding Columbus. He disputes the idea that the Spaniards' arrival was beneficial towards the Indians by quoting History of the Indies by the Catholic priest Bartolomé de las Casas, who observed the region where Columbus was governor. Las Casas writes that the Spaniards were driven by "insatiable greed" as they killed and tortured native populations with "the strangest and most varied new methods of cruelty" and laments that "my eyes have seen these acts so foreign to human nature, and now I tremble as I write."

Three generations of human rights

From Wikipedia, the free encyclopedia
 
The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. He used the term at least as early as November 1977. Vasak's theories have primarily taken root in European law.

In a speech two years later, his divisions follow the three watchwords of the French Revolution: Liberty, Equality, Fraternity. The three generations are reflected in some of the rubrics of the Charter of Fundamental Rights of the European Union. While the Universal Declaration of Human Rights lists first- and second-generation rights, the document itself does not specifically order them in accordance with Vasak's framework.

First-generation human rights

First-generation human rights, sometimes called "blue rights", deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature: They serve negatively to protect the individual from excesses of the state. First-generation rights include, among other things, the right to life, equality before the law, freedom of speech, freedom of religion, property rights, the right to a fair trial, and voting rights. Some of these rights and the right to due process date back to the Magna Carta of 1215 and the Rights of Englishmen, which were expressed in the English Bill of Rights in 1689. A more full set of first-generation human rights was pioneered in France by the Declaration of the Rights of Man and of the Citizen in 1789, and by the United States Bill of Rights in 1791.

They were enshrined at the global level and given status in international law first by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later in the 1966 International Covenant on Civil and Political Rights. In Europe, they were enshrined in the European Convention on Human Rights in 1953.

Second-generation human rights

Second-generation human rights are related to equality and began to be recognized by governments after World War II. They are fundamentally economic, social, and cultural in nature. They guarantee different members of the citizenry equal conditions and treatment. Secondary rights would include a right to be employed in just and favorable condition, rights to food, housing and health care, as well as social security and unemployment benefits. Like first-generation rights, they were also covered by the Universal Declaration of Human Rights, and further embodied in Articles 22 to 28 of the Universal Declaration, and the International Covenant on Economic, Social, and Cultural Rights.

In the United States of America, President Franklin D. Roosevelt proposed a Second Bill of Rights, covering much the same grounds, during his State of the Union Address on January 11, 1944. Today, many nations, states, or groups of nations have developed legally binding declarations guaranteeing comprehensive sets of human rights, e.g. the European Social Charter.

Some U.S. states have enacted some of these economic rights; for example, the state of New York has enshrined the right to a free education, as well as "the right to organize and to bargain collectively", and workers' compensation,[6] in its constitutional law.

These rights are sometimes referred to as "red" rights. They impose upon the government the duty to respect and promote and fulfill them, but this depends on the availability of resources. The duty is imposed on the state because it controls its own resources. No one has the direct right to housing and right to education. (In South Africa, for instance, the right is not, per se, to housing, but rather "to have access to adequate housing", realised on a progressive basis.)

The duty of government is in the realization of these positive rights.

Third-generation human rights

Third-generation human rights are those rights that go beyond the mere civil and social, as expressed in many progressive documents of international law, including the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment, the 1992 Rio Declaration on Environment and Development, and other pieces of generally aspirational "soft law".

Also known as Solidarity human rights, they are rights that try to go beyond the framework of individual rights to focus on collective concepts, such as community or people. However, the term remains largely unofficial, just as the also-used moniker of "green" rights, and thus houses an extremely broad spectrum of rights, including:

The African Charter on Human and Peoples' Rights ensures many of those: the right to self-determination, right to development, right to natural resources and right to satisfactory environment. Some countries also have constitutional mechanisms for safeguarding third-generation rights. For example, the Hungarian Parliamentary Commissioner for Future Generations, the Parliament of Finland's Committee for the Future [fi], and the erstwhile Commission for Future Generations in the Israeli Knesset.

Some international organizations have offices for safeguarding such rights. An example is the High Commissioner on National Minorities of the Organization for Security and Co-operation in Europe. The Directorate-General for the Environment of the European Commission has as its mission "protecting, preserving and improving the environment for present and future generations, and promoting sustainable development".

A few jurisdictions have enacted provisions for environmental protection, e.g. New York's "forever wild" constitutional article, which is enforceable by action of the New York State Attorney General or by any citizen ex rel. with the consent of the Appellate Division.

Fourth generation

Several analysts claim that a fourth generation of human rights is emerging, which would include rights that cannot be included in the third generation, future claims of first and second generation rights and new rights, especially in relation to technological development and information and communication technologies and cyberspace.

However, the content of it is not clear, and these analysts do not present a unique proposal. They normally take some rights from the third generation and include them in the fourth, such as the right to a healthy environment or aspects related to bioethics. Some of those analysts believe that the fourth generation is given by human rights in relation to new technologies, while others prefer to talk about digital rights, where a new range of rights would be found, such as:

  • The right to equally access computing and digital
  • The right to digital self-determination
  • The right to digital security
  • The right to access one's own digital data (habeas data)

Others point out that the differentiating element would be that, while the first three generations refer to the human being as a member of society, the rights of the fourth would refer to the human being as a species.

Commentary

Maurice Cranston argued that scarcity means that supposed second-generation and third-generation rights are not really rights at all. If one person has a right, others have a duty to respect that right, but governments lack the resources necessary to fulfill the duties implied by citizens' supposed second- and third-generation rights.

Charles Kesler, a professor of government at Claremont McKenna College and senior fellow of the Claremont Institute, has argued that second- and third-generation human rights serve as an attempt to cloak political goals, which the majority may well agree are good things in and of themselves, in the language of rights, and thus grant those political goals inappropriate connotations. In his opinion, calling socio-economic goods "rights" inherently creates a related concept of "duties", so that other citizens have to be coerced by the government to give things to other people in order to fulfill these new rights. He also has stated that, in the U.S., the new rights create a "nationalization" of political decision-making at the federal level in violation of federalism. In his book Soft Despotism, Democracy's Drift, Paul Rahe, professor at Hillsdale College, wrote that focusing on equality-based rights leads to a subordination of the initial civil rights to an ever-expanding government, which would be too incompetent to provide for its citizens correctly and would merely seek to subordinate more rights.

19th century philosopher Frederic Bastiat summarized the conflict between these negative and positive rights by saying:

M. de Lamartine wrote me one day: "Your doctrine is only the half of my program; you have stopped at liberty; I go on to fraternity." I answered him: "The second half of your program will destroy the first half." And, in fact, it is quite impossible for me to separate the word "fraternity" from the word "voluntary". It is quite impossible for me to conceive of fraternity as legally enforced, without liberty being legally destroyed, and justice being legally trampled underfoot.

Economist Friedrich Hayek has argued that the second generation concept of "social justice" cannot have any practical political meaning:

No state of affairs as such is just or unjust: it is only when we assume that somebody is responsible for having brought it about ... In the same sense, a spontaneously working market, where prices act as guides to action, cannot take account of what people in any sense need or deserve, because it creates a distribution which nobody has designed, and something which has not been designed, a mere state of affairs as such, cannot be just or unjust. And the idea that things ought to be designed in a "just" manner means, in effect, that we must abandon the market and turn to a planned economy in which somebody decides how much each ought to have, and that means, of course, that we can only have it at the price of the complete abolition of personal liberty.

New York University School of Law professor of law Jeremy Waldron has written in response to critics of the second-generation rights:

In any case, the argument from first-generation to second-generation rights was never supposed to be a matter of conceptual analysis. It was rather this: if one is really concerned to secure civil or political liberty for a person, that commitment should be accompanied by a further concern about the conditions of the person's life that make it possible for him to enjoy and exercise that liberty. Why on earth would it be worth fighting for this person's liberty (say, his liberty to choose between A and B) if he were left in a situation in which the choice between A and B meant nothing to him, or in which his choosing one rather than the other would have no impact on his life?"

Hungarian socialist and political economist Karl Polanyi made the antithetical argument to Hayek in the book The Great Transformation. Polanyi wrote that an uncontrolled free market would lead to repressive economic concentration and then to a co-opting of democratic governance that degrades civil rights.

The World Conference on Human Rights in 1993 opposed the distinction between civil and political rights (negative rights) and economic, social and cultural rights (positive rights) that resulted in the Vienna Declaration and Programme of Action proclaiming that "all human rights are universal, indivisible, interdependent and interrelated".

Wednesday, February 14, 2024

Economic, social and cultural rights

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Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation relating to full enjoyment of economic, social and cultural rights.

International and regional human rights instruments

Women's economic rights in 2011

Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments.

International human rights instruments

The Universal Declaration on Human Rights (UDHR), adopted by the UN General Assembly in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes the right to social security in Article 22, the right to work in Article 23, the right to rest and leisure in Article 24, the right to an adequate standard of living in Article 25, the right to education in Article 26, and the right to benefits of science and culture in Article 27.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects the right to work and to just and favorable working conditions in Article 6 and 7, the right to join trade unions and take collective labor action in Article 8, the right to social security in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, the right to an adequate standard of living, including the right to food and the right to housing, in Article 11, the right to health in Article 12, the right to education in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The International Covenant on Civil and Political Rights, adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join trade unions in Article 22, and the right of ethnic, religious or linguistic minorities to engage in their culture, practice their religion and use their language in Article 27.

A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The Convention on the Rights of the Child recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including the right to health in Article 24, the right to social security in Article 25, the right to an adequate standard of living in Article 27, the right to education in Article 28, and the right to protection from economic exploitation (see child labour) in Article 32. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. The ILO Conventions of the International Labour Organization (ILO) protect a range of work related economic, social and cultural rights. Common global standards were agreed by some 195 states in the Recommendation on Science and Scientific protect and reassert scientific freedoms, the rights of scientists, and rights of research subjects, and the right of everyone to science.

Regional human rights instruments

The African Charter on Human and Peoples' Rights protects the right to work in Article 15, the right to health in Article 16, and the right to education in Article 17. The European Social Charter protects a wide range of economic, social and cultural rights, including the right to work, to favourable working conditions, the right to join trade unions and to take collective labour action in Article 1 to 10, the right to health in Article 11, the right to social security, including the right to medical assistance and the right to social welfare services, in Article 12 to 14, protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19, and right to housing in Article 31. The Protocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system.

Secondary legal sources

A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their normative definition. An important secondary legal source is the United Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Committee has been central in developing the normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the ICESCR rights. The Committee issues guiding pronouncements in the form of general comments, and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights.

Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. Various United Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by the Commission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights, the Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right to Education, and the Special Rapporteur on Violence Against Women.

National constitutions

A number of national constitutions recognize economic, social and cultural rights. For example, the 1996 Constitution of South Africa includes economic, social and cultural rights and the South African Constitutional Court has heard claims under these obligations (see Grootboom and Treatment Action Campaign cases). The Supreme Court of India has interpreted Article 21 of the Constitution to contain positive social rights.

Constitutional recognition of economic, social and cultural rights has long been thought to be counterproductive, given that courts might be tasked to adjudicate them, and hence disrupt the democratic chains of accountability of the so-called elected branches. Nonetheless, a growing literature from the Global South has tracked very different judicial responses.

Sympathetic critics argue that socio-economic rights appear 'quite negligible' factors in terms of ensuring overall human development. Contemporary welfare states tend to emphasize decommodification, general welfare and the common good, not rights. Sweden, Finland, and Denmark, for example, adhere to a comparatively robust welfare effort, built primarily through social democratic parties and trade union mobilisation, without relying on judicial review of socio-economic rights. Nonetheless, majoritarian political arenas such as parliaments and trade union structures may remain unresponsive to minorities. The gains won through litigation, modest though they may be, can nonetheless be of value for those who benefit from them.

Civil society movements have advanced alternative institutions, norms and practices for constitution-making and making socio-economic rights effective. Participants in recent constitution-making experiments in Iceland, Bolivia and Ecuador have all linked economic and social rights to new institutional arrangements such as participatory budgeting or technologically-enhanced direct democracy as well as to new norms and discourses, notably those concerning ecological stewardship and the commons as well as care and social reproduction. In Ireland, social movements such as the 'Right2Water' and 'Repeal the 8th' campaigns have demonstrated how highly networked individuals and communities can mobilise both alongside and outside of traditional institutions, act collectively, and advance economic, social and cultural rights.

State responsibility

Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have a legal obligation to respect, protect and fulfil these rights. The exact nature of states' obligations in this respect has been established principally in relation to the International Covenant on Economic, Social and Cultural Rights (ICESCR), and further Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been established in accordance with Vienna Declaration and Programme of Action.

State parties to the ICESCR are required to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may not be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with the state party. The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which affect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore, government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures.

Monitoring, enforcement and implementation framework

Intergovernmental organisations and non-governmental organisations (NGOs) have persistently neglected economic, social and cultural rights over the past 50 years. While all human rights are said to be "equal, indivisible, interrelated, and interdependent", the monitoring, enforcement and implementation framework for economic, social and cultural rights is less advanced than that for civil and political rights. International enforcement mechanisms are strongest for civil and political rights, and their violation is considered more serious than that of economic, social and cultural rights. There are few international NGOs that focus on economic, social and cultural rights and there are few lawyers who have the knowledge or experience to defend economic, social and cultural rights at a national or international level. Economic, social and cultural rights are less likely than civil and political rights to be protected in national constitutions.

In 2008, the United Nations General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which gives the Committee on Economic, Social and Cultural Rights competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated by a state party. The Protocol entered into force on 5 May 2013.

In 2017, for the common global standards in the Recommendation on Science and Scientific Researchers relating to the right to science, states agreed at the UNESCO General Conference to adopt four-yearly reporting on implementation, and agreed that UNESCO's Executive Board is competent to manage monitoring, with the networks of UNESCO National Commissions and academic partners mobilized in countries to ensure implementation and monitoring at country level. For the other major international human rights conventions mentioned above there are various other treaty bodies to ensure some monitoring of implementation. And each may transmit to the Human Rights Council reports of individual cases when a state is the subject of a Universal Periodic Review.

Education as a human right

Education is guaranteed as a human right in many human rights treaties, including:

The right to education places the individual at the centre of education frameworks.

Education as a human right has the following characteristics:

  • It is a right; Education is not a privilege or subject to political or charitable whims. It is a human right. It places mandatory demands on duty-bearers (particularly the state, but also parents, children, and other actors).
  • It is universal; Everyone has the right to education without discrimination. This includes children, adolescents, youths, adults, and older people.
  • It is high priority; Education is a key priority of the state. Obligations to ensure the right to education cannot be dismissed.
  • It is a key right; Education is instrumental in ensuring all other human rights. It has economic, social, cultural, civil, and political dimensions.[18]

The right to education places legal obligations on states when they make decisions regarding education and the education system. It offers an internationally agreed normative framework for the standards that states must not fall beneath concerning the education of its citizens and non-citizens.

Education as a multiplier right

These standards define what states must do and avoid doing in order to ensure the dignity of the individual. The right to education is broad and covers many aspects of education. This means that for the specific areas related to education, states must act within the boundaries permitted under international human rights law (IHRL).

The main aspects of education are:

  • The aims of education.
  • Non-discrimination and equality in the education system.
  • Free and compulsory universal primary education.
  • Available and accessible, free education at the secondary level, including vocational education.
  • Accessible (on the basis of capacity), free education at the tertiary level.
  • Fundamental education for those who have not received all or part of their primary education.
  • Maintenance of an education system at all levels.
  • Provision of a fellowship system.
  • The training of teachers, their status, and their working conditions.
  • Educational freedom, that is, the freedom of parents to have their children educated in accordance with their religious and moral convictions.
  • The freedom of individuals and organizations to set-up private schools.
  • quality education, including setting minimum standards regarding infrastructure and human rights education
  • safe and non-violent learning environments
  • the allocation of adequate resources
  • academic freedom at all levels of education
  • the settings and contents of the curriculum.
  • Transparent and accountable education systems.

Advocacy

Networking groups such as ESCR-Net are working to create online resources and spread information about effective cases, initiatives, and working groups promoting ideals and celebrating victories of human rights initiatives and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Currently, human rights advocacy groups are working diligently to fine-tune rules, regulations and implementation schemes; little news of complaint successes or failures is available. The Centre on Housing Rights and Evictions (COHRE) has helped to establish the Housing and Property Directorate (HPD/HPCC) in Kosovo.

Theory of rights

According to Karel Vasak's theory of three generations of human rights, economic, social and cultural rights are considered second-generation rights, while civil and political rights, such as freedom of speech, right to a fair trial, and the right to vote, are considered first-generation rights. The theory of negative and positive rights considers economic, social and cultural rights positive rights. Social rights are "rights to the meeting of basic needs that are essential for human welfare." Examples of social rights include the right to healthcare and the right to decent working conditions.

Equality (mathematics)

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